Ethics in International Arbitration

ISBN-13: 9780195337693 / Angielski / Twarda / 2014 / 350 str.

Catherine Rogers

Opis

International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalization of commercial trade has increased the number and diversity of parties, counsel, experts and arbitrators, which has in turn lead to more frequent ethical conflicts just as procedures have become more formal and transparent. The predictable result is that ethical transgressions are increasingly evident and less tolerable. Despite these developments, regulation of various actors in the system arbitrators, lawyers, experts, third-party funders and arbitral institutions remains ambiguous and often ineffectual.
Ethics in International Arbitration systematically analyses the causes and effects of these developments as they relate to the professional conduct of arbitrators, counsel, experts, and third-party funders in international commercial and investment arbitration. This work proposes a model for effective ethical self-regulation, meaning regulation of professional conduct at an international level and within existing arbitral procedures and structures. The work draws on historical developments and current trends to propose analytical frameworks for addressing existing problems and reifying the legitimacy of international arbitration into the future.

Recenzje

Rogers book, as a literary work, is rich. It is vibrantly written and exposes the reader to a thoughtful mix of cross-disciplinary learning. Even looking at the work's more prosaic features, there is much to appreciate. Despite the abundance of arbitration-related books currently on offer, Professor Rogers Ethics in International Arbitration makes a singular contribution to the literature. For its mapping of third-party funding issues alone it is worth having, but that is just one of its unique contributions. The scope and depth of the book are indeed impressive, and the flair with which it is executed is refreshing. The book fills a distinctive space and is destined to become one of the arbitration world's oft-cited references. Jack J. Coe, Jr., Professor of Law, Pepperdine University School of Law

O autorze

Catherine A. Rogers, is Professor of Law and International Affairs, and Paul & Marjorie Price Faculty Scholar at Penn State Law. She is also Professor of Ethics, Regulation & the Rule of Law, and Co-Director of the Institute for Ethics, Regulation & Commercial Law, at Queen Mary, University of London. She is a Reporter for the American Law Institute on the Restatement (Third) of the U.S. Law of International Commercial Arbitration, and the author of a series of widely-cited articles about the need for clearer ethical regulation in international arbitration. These works have been published over the past decade and have played an influential role in various law reform efforts. Today, Professor Rogers teaches and lectures throughout the world on issues of international arbitration, ethics, and globalization of the legal profession. Professor Rogers is also actively engaged in various projects to implement in practice many of the ideas and proposals developed in her scholarly work.